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North Haven Short-Term Rental Regulation: A Guide For Airbnb Hosts

North Haven, New York

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What are Short-Term Rental (Airbnb, VRBO) Regulations in North Haven, New York?

The Village of North Haven, located on Long Island in Suffolk County, New York, has established regulations for short-term rentals such as those listed on Airbnb and VRBO. These rules aim to balance the benefits STRs provide to tourism and the local economy with protecting the character and quality of life in residential neighborhoods.

Starting a Short-Term Rental Business in North Haven

As of March 11, 2020, North Haven requires all short-term rental operators to obtain a permit from the Village. A short-term rental is defined as renting out a dwelling unit or part of one for less than 30 consecutive days.

To apply for a STR permit, you must:

  • Complete a Short-Term Rental Application form
  • Pay the $400 permit fee ($250 if providing an architect/engineer certification)
  • Provide proof of ownership and that the STR is your primary residence
  • Submit floor plans showing locations of smoke/CO alarms and fire extinguishers
  • Provide a copy of the rental lease agreement
  • Show proof of refuse collection service for the entire rental term

Rental properties must meet building code and fire safety requirements, with smoke alarms in each bedroom, CO alarms outside sleeping areas, and a minimum 5lb ABC fire extinguisher. The property address must be clearly posted and visible from the street.

STRs are allowed only in single-family homes (no apartments), with a maximum occupancy of 2 persons per bedroom up to 10 guests total. No more than 2 bedrooms can be rented. Rentals are limited to one rental per property every two weeks.

The Village maintains a register of all licensed STRs, including contact info for the owner and property manager. Complaints about STRs can be made to the Village's code enforcement office.

While some argue STR restrictions infringe on property rights, North Haven aims to address issues like noise, parking, and housing availability through its permitting system. By following the Village's rules, STR hosts can legally operate while being good neighbors in the community.

Short-Term Rental Licensing Requirement in North Haven

As of March 11, 2020, the Village of North Haven requires all short-term rental operators to obtain a permit. The licensing program aims to regulate STRs, ensuring they meet building and safety standards while minimizing impacts on residential neighborhoods.

To apply for a STR permit, operators must submit:

  1. A completed Short-Term Rental Application form
  2. Proof of applicant's ownership and that the STR is their primary residence
  3. A floor plan showing locations of smoke/CO alarms and fire extinguishers
  4. A copy of the rental lease agreement
  5. Proof of refuse collection service for the entire rental term
  6. The $400 permit fee ($250 if providing an architect/engineer certification)

The Village Building Inspector will review the application and conduct an on-site inspection of the rental property unless the owner provides a certification from a licensed architect or engineer that the STR fully complies with all Village Code and NYS Uniform Fire Prevention and Building Code provisions.

Rental properties must meet occupancy limits of 2 persons per bedroom, up to 10 guests total, with a maximum of 2 bedrooms rented. No bedrooms are permitted in basements. Rentals are limited to one per property every two weeks.

The Village maintains a register of all licensed STRs, including contact information for the owner and property manager. This allows the Village to respond to any complaints or issues that may arise.

Failure to comply with the permitting requirements can result in fines and legal action. The Village's code enforcement office handles STR-related complaints and violations.

While the STR permit program has faced some opposition from operators concerned about property rights, the Village believes the regulations strike a balance between supporting tourism and protecting the character of residential areas. By obtaining a permit and following the rules, STR hosts can legally operate in North Haven while being good neighbors.

Required Documents for North Haven Short-Term Rentals

To apply for a short-term rental permit in the Village of North Haven, operators must submit the following documents:

  1. Completed Short-Term Rental Application Form: This form collects information about the property owner, the STR property, and the proposed rental use. It must be signed by the property owner.
  2. Proof of Ownership: Applicants must provide a copy of the deed or tax bill showing they are the legal owner of the STR property. If the property is owned by an LLC or other entity, additional documentation may be required to verify ownership.
  3. Proof of Primary Residence: The STR must be the operator's primary residence. This can be demonstrated with a driver's license, voter registration card, or utility bills showing the owner's name and the rental property address.
  4. Floor Plan: A detailed floor plan of the STR unit is required, clearly labeling the use of each room (e.g., bedroom, kitchen, living room). The plan must show the locations of smoke alarms, carbon monoxide detectors, and fire extinguishers.
  5. Rental Lease Agreement: A copy of the lease agreement that will be used for STR bookings must be provided. The lease should include the rental term, occupancy limits, house rules, and emergency contact information.
  6. Refuse Collection Proof: Operators must show proof of garbage collection service for the entire rental term. This can be a copy of the contract with a private carting company or a receipt for pre-paid garbage bags from the Village.
  7. Architect/Engineer Certification (optional): If the owner chooses to have the STR inspected by a licensed architect or engineer instead of the Village Building Inspector, they must provide a certification that the rental fully complies with all Village Code and NYS Uniform Fire Prevention and Building Code provisions. This certification reduces the permit fee from $400 to $250.
  8. Permit Fee: The STR permit application must be accompanied by the applicable fee, which is $400 without an architect/engineer certification or $250 with one. Payment can be made by check or money order payable to the Village of North Haven.

In addition to these required documents, the Village may request further information or clarification as needed to process the STR permit application.

Once a complete application is submitted, the Village Building Inspector will review the documents and schedule an on-site inspection of the rental property (unless an architect/engineer certification is provided). If all requirements are met, the STR permit will be issued, valid for one year from the date of issuance.

By gathering and submitting all the necessary documents, STR operators in North Haven can demonstrate their eligibility and commitment to running a safe and compliant rental business. The Village's permitting process helps ensure that STRs meet basic standards while minimizing negative impacts on the surrounding community.

North Haven Short-Term Rental Taxes

Short-term rental operators in North Haven are required to collect and remit several taxes on their rental income. These taxes apply to rentals of less than 30 consecutive days.

First, operators must collect the Suffolk County Hotel/Motel Tax of 3% on behalf of the county. This tax applies to all short-term rentals, including those listed on platforms like Airbnb and VRBO. Operators must register with the Suffolk County Treasurer's Office and file quarterly returns.

Second, New York State imposes a 4% sales tax on short-term rentals. This is in addition to the county tax and must be collected by the operator and remitted to the state. Operators can register for a sales tax certificate of authority with the New York State Department of Taxation and Finance.

For example, if a short-term rental in North Haven charges $200 per night:

  1. Suffolk County Hotel/Motel Tax (3%): $6
  2. New York State Sales Tax (4%): $8
  3. Total taxes: $14

Total price with taxes: $214 per night

In addition to these occupancy taxes, short-term rental income is considered taxable income and must be reported on the operator's federal and state income tax returns. Operators can deduct eligible expenses related to their rental business, such as cleaning fees, supplies, and a portion of utilities and maintenance costs.

It's important for short-term rental operators in North Haven to keep accurate records of their rental income and expenses, as well as the taxes collected and remitted. This documentation will be necessary for filing tax returns and responding to any audits or inquiries from tax authorities.

Failing to comply with tax requirements can result in penalties, interest, and legal consequences. Operators should familiarize themselves with their tax obligations and seek professional advice from an accountant or tax specialist if needed.

As of 2023, the Village of North Haven does not impose any additional local taxes on short-term rentals beyond the permit fee. However, this could change in the future as the Village evaluates the impact of STRs on the community and considers ways to offset associated costs.

Platforms like Airbnb and VRBO may collect and remit some taxes on behalf of hosts, but operators are ultimately responsible for ensuring all applicable taxes are paid. It's important to understand what taxes are being collected by the platform and what the host must handle directly.

By properly collecting and remitting the required taxes, short-term rental operators in North Haven can ensure they are contributing to the local and state economy while avoiding any legal or financial issues. Staying compliant with tax obligations is a key part of running a responsible and sustainable STR business.

New York-Wide Short-Term Rental Rules

In addition to the specific regulations in North Haven, short-term rental operators must also comply with the rules set by New York State. These state-wide regulations apply to all short-term rentals operating within New York, including those in North Haven.

The primary state law governing short-term rentals is the New York State Multiple Dwelling Law. This law distinguishes between two main types of multiple dwellings:

  1. "Class A" multiple dwellings include tenements, apartment houses, studio apartments, and all other residential buildings with three or more permanent residential units. Short-term rentals (less than 30 consecutive days) are generally prohibited in "Class A" dwellings unless the permanent occupant is present during the rental period.
  2. "Class B" multiple dwellings include hotels, lodging houses, rooming houses, and other dwellings that are occupied transiently, as temporary lodging with or without meals. Short-term rentals are allowed in "Class B" dwellings.

This means that in most residential apartment buildings in New York, renting out an entire unit for less than 30 days is illegal unless it is in a "Class B" dwelling specifically approved for transient occupancy.

In addition to the Multiple Dwelling Law, New York State also imposes a 4% sales tax on short-term rentals. This is in addition to any local sales and occupancy taxes that may apply.

As of 2023, there is no state-wide registration or licensing requirement for short-term rentals in New York. However, this may change in the future as the state considers ways to regulate the growing industry.

It's important to note that local governments in New York can impose their own short-term rental regulations that are more restrictive than state law. For example, New York City has implemented strict rules that prohibit renting out an entire apartment for less than 30 days in most cases, even if the host is present.

Short-term rental operators in New York should carefully review both state and local regulations to ensure they are in compliance. Penalties for violating these laws can be severe, including fines of up to $7,500 per violation in some cases.

As the short-term rental market continues to evolve, it's likely that New York's regulations will also change over time. Hosts should stay informed of any updates to state or local laws that could impact their ability to operate legally.

By understanding and following New York's state-wide short-term rental rules, hosts in North Haven and across the state can help ensure a safe and compliant experience for their guests while contributing positively to the local tourism economy.

Does North Haven Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like Bigger Pockets and Reddit, it appears that the Village of North Haven does actively enforce its short-term rental regulations. Many hosts and investors view North Haven as less "Airbnb-friendly" compared to some other Long Island communities.

Several Bigger Pockets members who have considered investing in North Haven have expressed concerns about the strict STR rules and the Village's reputation for enforcement. One member shared, "I looked into buying a property in North Haven to use as a short-term rental, but the regulations are just too restrictive. The permit process is onerous, and I've heard the Village is quick to crack down on any violations."

On the Long Island subreddit, some users have discussed the challenges of operating STRs in North Haven. One Redditor commented, "North Haven is known for being tough on Airbnbs. They have a lot of wealthy residents who don't want the character of the Village to change, so they put pressure on the local government to limit short-term rentals."

Another Redditor shared their experience: "I used to rent out my North Haven house on Airbnb, but I got a cease-and-desist letter from the Village because I didn't have a permit. The fines are steep, so I decided it wasn't worth the risk."

This sentiment is echoed on other forums, with many hosts and investors advising caution when considering STRs in North Haven. The general consensus is that while some hosts may still operate under the radar, the potential consequences of getting caught are severe.

Compared to nearby towns like Southampton or East Hampton, which have higher numbers of active STR listings, North Haven is seen as less accommodating to Airbnb and other short-term rental platforms. The Village's strict occupancy limits, frequency caps, and permit requirements are designed to minimize the impact of STRs on the community, but they also make it harder for hosts to operate profitably.

That's not to say that there are no successful STRs in North Haven. Some hosts have found ways to work within the rules and maintain good relationships with neighbors and local officials. However, these hosts are typically long-time residents who rent out their homes occasionally, rather than investors looking to maximize rental income.

Overall, based on the experiences shared by hosts and investors on Bigger Pockets and Reddit, North Haven is not considered a particularly Airbnb-friendly market. The Village's strict regulations and active enforcement create significant barriers to entry and ongoing compliance challenges for STR operators. While some hosts may still attempt to skirt the rules, the risks of fines and legal action are high. Investors looking for more STR-friendly markets on Long Island may have better luck in other communities with less restrictive policies.

How to Start a Short-Term Rental Business in North Haven

If you're interested in starting a short-term rental business in North Haven, New York, here are the key steps to follow:

  1. Understand the regulations: Familiarize yourself with North Haven's STR regulations, which require obtaining a rental permit from the Village. Review the requirements for the permit application, including proof of ownership, occupancy limits, safety certifications, and more. Attend any information sessions or consult with the Village's enforcement authority for guidance.
  2. Determine if your property is eligible: Check if your property meets the criteria for a short-term rental in North Haven. STRs are only allowed in single-family homes (no apartments) and are limited to a maximum occupancy of 2 persons per bedroom, up to 10 guests total. No more than 2 bedrooms can be rented, and rentals are limited to once every two weeks.
  3. Prepare your property: Ensure your home meets all building, fire, and safety requirements, such as smoke and carbon monoxide detectors, fire extinguishers, and proper egress. Obtain a written certification from a licensed architect or engineer stating that the property fully complies with Village Code and the NYS Uniform Fire Prevention and Building Code. Alternatively, schedule an inspection with the Village's enforcement authority.
  4. Gather required documents: Collect all the necessary documents for your STR permit application, including proof of ownership, a floor plan, the certificate of occupancy, a copy of the lease agreement, and proof of refuse collection service for the entire rental term. If using a property manager, provide their contact information.
  5. Apply for a rental permit: Submit your completed STR permit application to the Village's enforcement authority, along with the $400 fee ($250 if providing an architect/engineer certification). The enforcement authority will review the application for completeness and accuracy, and conduct an on-site inspection if no certification is provided.
  6. Obtain necessary insurance: Secure appropriate insurance coverage for your short-term rental, including liability insurance and any additional riders required for STR use. Consult with your insurance provider to ensure you have adequate protection.
  7. Create your listing: Once your STR permit is approved, create a listing on popular vacation rental platforms like Airbnb and VRBO. Take high-quality photos, write a compelling description, and highlight your property's unique features and amenities. Be sure to include your permit number and any important house rules or regulations.
  8. Set your pricing: Research comparable STRs in the area to determine competitive nightly rates. Consider factors like seasonality, events, and demand when setting your prices. Keep in mind the 6% occupancy tax that must be collected on rentals under 30 days.
  9. Manage your bookings: Use a channel manager or reservation system to sync bookings across multiple platforms. Communicate with guests before, during, and after their stay to ensure a positive experience. Arrange for cleaning and maintenance between bookings, and conduct regular inspections to identify any issues or repairs needed.
  10. Stay compliant: Keep your STR permit current and renew it as required. Collect and remit the 6% occupancy tax to the appropriate authorities. Adhere to all Village regulations, including occupancy limits, parking requirements, and noise ordinances. Maintain accurate records of your rental income and expenses for tax purposes.

By following these steps and staying informed of any changes to North Haven's STR regulations, you can launch and operate a successful short-term rental business in this desirable Long Island community. Remember to prioritize guest satisfaction and neighborhood relations to ensure the long-term viability of your venture.

Who to Contact in North Haven about Short-Term Rental Regulations and Zoning?

If you have questions or concerns about short-term rental regulations and zoning in North Haven, there are several key contacts at the Village who can assist you:

Building Department: The Building Department is responsible for enforcing the Village's zoning code and issuing rental permits for short-term rentals. They can provide information on the STR permit application process, required documents, and inspections.

Phone: (631) 725-1124
Email: building@northhavenvillage.org

Code Enforcement: The Code Enforcement office investigates complaints and violations related to short-term rentals, including non-permitted rentals, occupancy limit breaches, and noise or parking issues. They work closely with the Building Department to ensure compliance with Village regulations.

Phone: (631) 725-1124
Email: codeenforcement@northhavenvillage.org

Village Clerk: The Village Clerk's office can provide general information about North Haven's short-term rental laws and direct you to the appropriate department for specific inquiries. They also maintain the Village's rental registry and can confirm if a property has a valid STR permit.

Phone: (631) 725-1124
Email: clerk@northhavenvillage.org

Zoning Board of Appeals: If you believe your property is unfairly restricted from short-term rental use under the current zoning code, you can appeal to the Zoning Board of Appeals for a variance. The ZBA holds public hearings on zoning matters and can grant relief from the strict application of the code in certain cases.

Phone: (631) 725-1124
Email: zba@northhavenvillage.org

Village Attorney: For complex legal questions related to short-term rental regulations and zoning, you may need to consult with the Village Attorney. They can provide guidance on the interpretation and application of Village laws, as well as any pending or proposed changes to the code.

Phone: (631) 725-1124
Email: villageattorney@northhavenvillage.org

In addition to these Village contacts, you may also want to consult with professional advisors who specialize in short-term rentals and real estate investing. This could include:

  1. A local real estate attorney who can review your specific situation and advise on compliance with Village and state regulations.
  2. A tax professional who can guide you on the proper collection and remittance of occupancy taxes, as well as the tax implications of your STR income and expenses.
  3. A property manager who is familiar with North Haven's STR market and can help you navigate the permit process, optimize your listing, and handle day-to-day operations.

The Village of North Haven also maintains a website with information on its short-term rental laws, permit requirements, and enforcement policies. Visit www.northhavenvillage.org/str for up-to-date resources and contact information.

By working closely with the appropriate Village departments and professional advisors, you can ensure your short-term rental business in North Haven operates smoothly and in compliance with all applicable regulations. Don't hesitate to reach out to these contacts with any questions or concerns you may have along the way.

What Do Airbnb Hosts in North Haven on Reddit and Bigger Pockets Think about Local Regulations?

On real estate investing forums like Reddit and Bigger Pockets, short-term rental hosts in North Haven have shared their experiences and opinions about the Village's regulations. Here are a few notable examples:

Reddit user "NorthHavenHost" posted in the r/AirbnbHosts subreddit about their challenges with the permit process: "I've been trying to get a permit for my North Haven rental for months now. The Building Department keeps finding new issues with my application, and the fees are adding up. It's frustrating because I know other people are renting without permits, but I'm trying to do things by the book."

In a thread on the Bigger Pockets forum titled "Short-Term Rental Regulations in the Hamptons," user "LIShoreTerm" shared their perspective on North Haven: "I've heard North Haven is one of the toughest places to get an STR permit in the Hamptons. They have strict occupancy limits and frequency caps that make it hard to turn a profit. I ended up investing in a property in Southampton instead, where the rules are a bit more lenient."

Reddit user "HamptonsInvestor" commented on a post in r/realestateinvesting about their experience with North Haven's enforcement: "I got hit with a big fine for renting my North Haven house without a permit. The Code Enforcement officer saw my listing on Airbnb and sent me a violation notice. It's not worth the risk of getting caught, in my opinion. The fines can wipe out your whole summer's profits."

On the Bigger Pockets podcast episode "Navigating Short-Term Rental Regulations," guest "STRLawyer" mentioned North Haven as an example of a municipality with strict rules: "North Haven is known for being tough on short-term rentals. They have a very limited permit program and are aggressive about enforcement. If you're thinking of investing there, you need to really understand the rules and be prepared for a lot of oversight."

In a post on the r/Hamptons subreddit, user "EastEndRenter" asked for advice on renting their North Haven home on Airbnb. One commenter, "SuffolkCountyLocal," replied: "Be very careful with short-term rentals in North Haven. The Village has some of the most restrictive rules in the area, and they don't hesitate to crack down on violations. Make sure you have all your permits in order and follow the occupancy limits to the letter."

These examples suggest that many Airbnb hosts in North Haven find the Village's short-term rental regulations to be challenging and restrictive. The permit process is seen as complex and costly, and the occupancy limits and frequency caps make it difficult for some hosts to operate profitably.

However, it's important to note that these opinions are anecdotal and may not represent the views of all STR operators in North Haven. Some hosts may appreciate the clear rules and enforcement, feeling that they help preserve the character and quality of life in the Village.

As the STR market continues to evolve, it will be important for North Haven to balance the needs and concerns of different stakeholders, including hosts, guests, residents, and local businesses. By engaging in open dialogue and considering the experiences of STR operators, the Village can work to refine its regulations and create a fair and sustainable framework for short-term rentals in the community.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.

⚡️
Reveal your property’s rental profitability

Buy this property and list it on Airbnb.